New Zealand Case Law: Decisions & Judgments

Topic

Relief from cancellation

Legal area

Court

10 Dec 2015

WAIKATO DISTRICT COUNCIL v SINGH [2015] NZHC 3147

Citation

[2015] NZHC 3147
Court

High Court

Relief from cancellation of the lease is granted as an indulgence subject to detailed conditions requiring completion of specified physical works within 60 working days of obtaining any required building consent, preparation and expert approval of risk management and water quality plans conforming to NZS 5826:2010, restriction on reopening the pools until those conditions (and Pool Safe application) are met, and a costs award in favour of the lessor reduced by 25% because the lessor's conduct contributed to the need for litigation; where experts cannot agree the parties may seek court assista…
8 Jul 2014

STYLO MEDICAL SERVICES LIMITED v HUM HOSPITALITY LIMITED [2014] NZHC 1587

Citation

[2014] NZHC 1587
Court

High Court

Relief from cancellation was granted conditionally because the evidence was inconclusive as to whether the specific works required by clause 48.5 had been completed to a workmanlike standard; the Court appointed a process (court‑appointed expert) to determine scope, standard and remaining works, and made relief conditional on that expert assessment with costs of the expert to be borne by the tenant.
1 May 2013

NEW ZEALAND SUNSHINE INTERNATIONAL COMPANY LIMITED V BOYCE COAD HC AK CIV 2013-404-1064

Citation

openlaw-38f651d6_8c83_4f06_953e_9ac655fea1cb.pdf
Court

High Court

Although r 15.23 creates a presumption in favour of costs to a defendant on discontinuance, on the undisputed affidavits the plaintiff reasonably brought the proceeding and reasonably discontinued it on the faith of the respondent's undertaking to vacate and pay; it would therefore not be just to order costs to the respondent and costs will lie where they fall.

New Zealand Case Law

WAIKATO DISTRICT COUNCIL v SINGH [2015] NZHC 3147

STYLO MEDICAL SERVICES LIMITED v HUM HOSPITALITY LIMITED [2014] NZHC 1587

NEW ZEALAND SUNSHINE INTERNATIONAL COMPANY LIMITED V BOYCE COAD HC AK CIV 2013-404-1064